Tennessee Probate Cost: Clerk Fees and County Checks
Settled Estate lists court filing fees and timelines for 3 Tennessee probate procedures. The cheapest published route starts at $275 for clerk fee, any estate. Last verified October 2026.
Tennessee charges a flat statutory clerk fee to open an estate, not a percentage of estate value. Start with the T.C.A. § 8-21-401 fee ($275 for any probate estate filed in 2026, full or small), add county litigation taxes and administrative fees, then plan for publication, copies, and any professional help.
Tennessee probate cost is not a percentage of the estate. Since January 1, 2026, T.C.A. § 8-21-401(c)(1), as rewritten by 2025 Tenn. Pub. Ch. 486, sets one standard clerk filing fee for every probate estate, whether a full administration, a small estate petition under the Small Estate Probate Act (T.C.A. § 30-4-101 et seq.), an insolvent estate, or a muniment of title: $275 as of January 1, 2026, $300 as of January 1, 2027, and $325 as of January 1, 2028. The $275 figure applies through December 31, 2026. The same act repealed the separate charter-county schedule in T.C.A. § 8-21-409, so the base is the same in every county.
On top of the statutory clerk fee, each county adds local litigation taxes, data-entry fees, and other administrative charges. The 2026 county schedules we read list $334.50 in Davidson, $354.50 in Hickman, $384.50 in Sumner, $389.50 in Knox, and $433.50 in Sevier to open an estate, litigation taxes included, and each lists the same total for a small estate. Tennessee imposes no statewide probate tax measured by estate value, no state estate tax, and no inheritance tax. Personal representative compensation is reasonable compensation approved by the probate court under T.C.A. § 30-2-606. There is no fixed statutory percentage. Confirm the current figures with the Clerk and Master or county probate clerk before filing.
Quick Summary
- Clerk Fee, Any Estate
- $275T.C.A. § 8-21-401(c)(1), 2026; $300 from Jan. 1, 2027
- County All-In (2026)
- $334.50+Davidson $334.50 to Sevier $433.50 in schedules read
- PR Compensation
- ReasonableT.C.A. § 30-2-606; no statutory %
- Estate / Inheritance Tax
- $0Tennessee has none
Tennessee court costs are the statewide statutory clerk fee plus county local litigation taxes and administrative fees, so the all-in opening cost varies by county. The statutory base for any probate estate is $275 for filings in 2026 (T.C.A. § 8-21-401(c)(1)), rising to $300 on January 1, 2027. Confirm the current all-in cost, payment methods, and local forms with the Clerk and Master or county probate clerk before filing.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Petition (Limited Letters) | Probate property $50,000 or less (T.C.A. § 30-4-102); 45-day wait | $275 statutory base in 2026, the same fee as a full estate (T.C.A. § 8-21-401(c)(1)); county all-in higher | 45+ days after death, then court processing | No statewide blanket requirement | Small probate estates with personal property where no appointment is pending |
| Full Administration: Letters Testamentary (With a Will) | No small-estate cap; estates exceeding $50,000 or including real property | $275 statutory base in 2026 (T.C.A. § 8-21-401(c)(1)); 2026 county all-in schedules read: $334.50 to $433.50 | Several months or longer; four-month creditor-claim period from first publication | No statewide blanket requirement; recommended for complex estates | Testate estates needing a personal representative with letters testamentary |
| Full Administration: Letters of Administration (No Will) | No small-estate cap; intestate estates exceeding $50,000 or including real property | $275 statutory base in 2026 (T.C.A. § 8-21-401(c)(1)); 2026 county all-in schedules read: $334.50 to $433.50 | Several months or longer; four-month creditor-claim period from first publication | No statewide blanket requirement; recommended for complex or disputed estates | Intestate estates needing a personal representative with letters of administration |
Additional Costs to Expect
County Local Litigation Taxes and Administrative Fees
Each county adds local litigation taxes (T.C.A. Title 67, ch. 4, part 6) and data-entry and administrative fees on top of the statewide statutory clerk fee. These are why the all-in opening cost for an estate ran from $334.50 (Davidson) to $433.50 (Sevier) in the 2026 county schedules we read. The separate itemized charter-county schedule in T.C.A. § 8-21-409 was repealed effective January 1, 2026, so every county now starts from the same § 8-21-401 base. Capture the exact local add-on with the Clerk and Master or county probate clerk.
Personal Representative Compensation
Under T.C.A. § 30-2-606, the personal representative is credited with reasonable compensation for services and lawful disbursements. Tennessee does not set a fixed statutory percentage. Practitioner sources commonly describe approved compensation for routine administration in roughly the 3%-5% of estate value range, but that is a practice observation, not a code-fixed rate; the court may allow more or less based on the size and complexity of the estate, time and skill required, and results obtained. Do not present any percentage as a statutory entitlement.
Publication and Notice to Creditors
After appointment, the personal representative publishes notice to creditors (T.C.A. § 30-2-306). Publication cost depends on the county and the newspaper used; some counties bundle a publication option into the opening fee (one observed county example: roughly +$60 with publication), while a standalone newspaper charge usually runs about $100 to $150 depending on the paper and how many runs the notice requires. The creditor claim period is four months from first publication, in no event more than twelve months from death.
Certified Copies and Death Records
Certified death certificates from the Tennessee Department of Health, Office of Vital Records, cost $15 per copy (includes one certified copy; $15 each for additional copies ordered at the same time). Certified copies of court documents (letters, orders) are approximately $5 per certified copy plus about $0.50 per page under T.C.A. § 8-21-401; additional letters are about $5-$6 each. Confirm current amounts with the applicable court.
Fiduciary Bond Premium
A fiduciary surety bond may be required unless waived by the will or by the court or beneficiaries under T.C.A. § 30-1-201 et seq. Premium depends on the bond amount and surety pricing.
Recording (Register of Deeds)
Register of deeds recording fees for deeds, affidavits of heirship, and other estate documents are set by T.C.A. § 8-21-1001 and vary by document type and page count. These are separate from court clerk fees.
State Estate and Inheritance Tax
Tennessee has no state estate tax and no state inheritance tax. The inheritance tax was phased out and fully eliminated for decedents dying on or after January 1, 2016 (T.C.A. § 67-8-318). Federal estate tax may apply to very large estates above the federal exclusion.
Appraisal, Tax Preparation, and Professional Fees
Real estate, business interests, vehicles, or personal property may require appraisal for the inventory. Final individual and fiduciary income tax filings may require professional help. Attorney fees, if any, are set by written agreement and are not fixed by statute.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Tennessee Medicaid estate recovery guide explains when that applies.